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9.1. Timely Warning Notifications

The Clery Act requires that “institutions must issue a timely warning for any Clery Act crime that occurs within Clery geography that is: (i) reported to campus security authorities; and (ii) is considered by the institution to represent a serious or continuing threat to students and employees.”

According to the Clery Act, the timely warning must be issued in a timely manner and will withhold the names and personally identifying information about the victims as defined within Section 40002(a) (20) of the Violence Against Women Act of 1994.

The timely warning will aid in the prevention of similar crimes, which may include incidents where the 91�ԹϺ����� Police Department has identified a pattern of risk. A timely warning with respect to crimes reported to a pastoral or professional counselor is not required by WSU.

WSU issues timely warnings as described in the Timely Warnings and Emergency Notification Policy, . The policy applies to all locations that WSU has identified as Clery geography and are provided for Clery Act crimes that occur on Clery geography that:

• Are reported to campus security authorities (CSAs) or local police agencies, and
• Are considered by the University to represent a serious or continuing threat to the safety of students, employees, or other members of the campus community.

Examples of reported situations requiring a timely warning include, but are not limited to:

• Campus Office/Lab burglaries;
• Hate crimes;
• Serial rapes;
• Other incidents, events, and conditions.

Timely warnings are issued when a Clery Act crime occurs on Clery geography that is reported to CSAs or local police agencies and represents a serious or continuing threat to the safety of students or employees. The decision to issue a timely warning is made on a case-by-case basis, considering the following factors:

• The nature of the crime or incident;
• The potential risk to the campus community;
• The need to avoid compromising law enforcement efforts; and
• The potential impact on ongoing investigations.

Timely warnings are not required with respect to crimes reported to professional counselors.

Timely warnings are issued by the responsible designee who works in coordinator with local law enforcement agencies, WSU Emergency Management, Campus Environmental Health and Safety (EHS), Campus Student Affairs, Compliance and Civil Rights (CCR), Human Resource Services (HRS), the Threat Assessment Team (TAT), or any other university entity with relevant information, as needed.

Timely warnings include information that would enable members of the University community to take actions to protect themselves, and may include information such as the nature of the crime/incident(s), the date, time, and location of the incident(s), physical and/or behavioral characteristics of the suspect(s), and safety precautions and recommendations for the campus community.

9.2. Dissemination of a Timely Warning

Timely warnings are promptly distributed to the campus community through various channels, as appropriate, including, but not limited to any of the following:

• WSU Alert system (sign up though MyWSU)
• Email notifications to students, faculty, and staff (preferred distribution channel)
• Posting on the University’s official website
• University social media platforms
• Notices on bulletin boards in prominent campus locations
• Individual outreach to impacted individuals

All WSU students, staff, and faculty can subscribe and update their information for the WSU Alert system by accessing their .

10.1. Emergency Notification

WSU issues emergency notifications to the campus community pursuant to WSU . An emergency notification is an immediate notification issued to the campus community of a significant emergency or dangerous situation on campus that poses an immediate threat to the health and safety of students, employees, or other members of the campus community. Examples of situations requiring an emergency notification include, but are not limited to, an outbreak of a serious illness, a natural disaster, a wildfire, a terrorist incident, an active shooter, a hazardous chemical spill, or a significant facility failure. The following positions are designated as having primary responsibility for issuing an emergency notification:

Designated department with primary responsibility for issuing emergency notifications at 91�ԹϺ�����:

• 91�ԹϺ�����: Director of Public Safety and Parking Services or designee

The responsible department issues emergency notifications upon confirmation of a significant emergency or dangerous situation involving immediate threat to the health or safety of students or employees. The responsible department works in coordination with campus or local law enforcement agencies, campus security departments, WSU System Clery Coordinator, Environmental Health and Safety (EH&S), Emergency Management, or other relevant departments or agencies to assess and respond to the emergency. Confirmation of significant emergencies or dangerous situations is assessed by a department with appropriate expertise (e.g., public safety emergencies may be confirmed by campus safety or police, whereas hazardous material emergencies may be confirmed by campus EH&S).

The responsible department will determine the appropriate content of the notification, which may withhold confidential information, names, or other identifying information of victims, or withhold if disclosing information would compromise efforts to assist a victim, contain or respond to an emergency or otherwise mitigate an emergency. Notification will include a description of the emergency or dangerous situation, instructions for immediate action or protective measures, the date, time, and location of the emergency (if applicable), and contact information for obtaining additional information or assistance. In addition, notification will include information that would enable members of the university community to take actions to protect themselves. The responsible department, in consultation with other relevant departments and agencies, will also determine whether additional steps are necessary such as securing buildings, directing individuals to safe locations, modification to facility resources, or other actions.

The responsible department determines which segments of the campus community may be affected by the situation. In addition, students at WSU Bremerton may also receive notifications directly from Olympic College, and individuals at the WSU Research and Extension sites may also receive direct communication relating to weather or fire emergency from the WSU Alert system or directly from the site facilities operator or director. Off-campus suspended operations due to emergencies at Research and Extension Centers (such as wildfires) are governed by the . In case of an emergency, the County or Reservation Extension Office Director (or designee) reports the emergency conditions to the WSU Extension Director, who notifies the CAHNRS Dean of the emergency and the current status of the locations. The County or Reservation Extension Officer Director may move from normal operations to suspended operations and notify personnel and students at their sites.

Additional information about WSU’s policies and procedures in place to respond to emergencies is available from Office of Emergency Management (OEM). WSU Research and Extension sites may consult with WSU PD or consult with local police or fire departments to determine whether emergency notifications should be issued, or other departments as identified in the WSU . WSU Bremerton may consult with WSU PD, Olympic College Campus Security, or local police and fire departments. Olympic College’s Campus Security, members of their Emergency Operations Team, and Directors of Marketing & Communications determine when a notification is warranted for their campus community.

10.2. Dissemination of an Emergency Notification

91�ԹϺ����� has a number of methods to provide warning and notification of emergency situations affecting the campus. Notifications are distributed using any combination of the following:

• WSU alert system
• E-mail notifications to relevant students, faculty, and staff
• Posting on the university’s campus-specific WSU Alert webpage
• University social media platforms
• Notices on bulletin boards in prominent campus locations
• Public address systems in or outside campus buildings, if applicable
• Individual outreach to impacted individuals
• Host campus communication or alert systems.

The 91�ԹϺ����� Campus Indoor/Outdoor Warning System consists of public address units on the Vancouver campus that may sound in the event of an emergency that may threaten the safety of individuals moving about the campus. A tone warning will be followed by a voice announcement that advises individuals what to do should as an emergency situation develops.

The WSU Alert Notification system is another method for distributing a notification of an emergency warning, which connects directly to students, faculty, and staff using voice and text messaging by telephone and email to provide warning of an emergency, see BPPM 50.39. It will include basic directions on what steps people should take in response. Receiving emergency warnings on personal cell phones, land line phones, and email requires registration, which can be accomplished by accessing a MyWSU account. All WSU students, staff and faculty will be subscribed into the system and will have the option to opt-out of the notification process. They can update their information for the Emergency Notification System through their .

In addition to these primary notification methods, the 91�ԹϺ����� Marketing and Communications Department also operates a campuswide alert email list server that allows email transmission of warnings and other messages to the campus population.

To address the recent disturbing trends of violence on campuses for K-12 and higher education and to mitigate threats, the 91�ԹϺ����� community has developed a number of prevention and protection measures.

This includes the ability of the 91�ԹϺ����� Police Department and/or the Facilities and Operations Department to lock a majority of 91�ԹϺ����� exterior building doors from the outside through an automated system. Studies compiled by the FBI indicate the importance of active access control in buildings and the ability to lock down the campus entry doors and allow occupants to secure themselves inside. This function provides safety to the occupants of the building and allows for transit time for police to respond and address the incident.

The complete 91�ԹϺ����� Emergency Notification System allows the university to disseminate official information via email text messages, telephone, loudspeakers, WSU VanCoug Alert page, social media and other means to notify the campus population of emergencies or threatening situations.

For example, should an active shooter situation occur, the Emergency Notification System would alert individuals, who could then assess their response based on the location and resources available and choose the best action to ensure their safety.

All WSU students, staff and faculty can subscribe and update their information (such as email, telephone numbers, etc.) for notifications through the 91�ԹϺ����� Emergency Notification System by accessing their .

10.3. Drills, Exercises and Training

At a minimum, testing and training exercises are conducted annually. 91�ԹϺ����� tests its emergency communications system once a semester. The test includes activation of the Emergency Notification System, Campus Indoor/Outdoor Warning System and the WSU VanCoug Alert page. Other methods of emergency communication may also be activated during these tests. These tests may be previously scheduled and announced to the community or may be unannounced.

91�ԹϺ����� holds drills or exercises for campus emergency responders and emergency management personnel at least once each year and conducts follow-through activities to assess and evaluate existing emergency response plans, procedures and capabilities. Whenever possible, emergency responders from local agencies participate in these exercises or drills with 91�ԹϺ����� emergency responders. 91�ԹϺ����� maintains a summary of its emergency response and evacuation procedures in conjunction with at least one drill or exercise each calendar year. The published summary is located at: under Emergency Procedures.

The 91�ԹϺ����� Police Department provides active shooter training and safety consultations and can share information about online training and resources. WSU employees can access an on-demand Active Shooter Response Training through the Skillsoft Percipio online training system. For additional information, contact the 91�ԹϺ����� Police Department at 360-546-9001 or email wsuvcops@wsu.edu .

11.1. Safety Considerations in the Maintenance of Campus Facilities

WSU devotes time from various campus resources including Facilities Services and Environmental Health and Safety to address the safety and security of the campus. The key distribution for academic buildings is controlled by the colleges and departments within the building. 91�ԹϺ����� PD officers patrol campus buildings regularly. 91�ԹϺ����� PD provides several services designed to enhance the safety of all 91�ԹϺ����� community members:

• A yearly “Night Walk” to survey areas of the campus in need of enhanced lighting or shrub and tree trimming.
• Regular monitoring of lighting levels on campus.
• The availability of blue light emergency phones around campus.

The 91�ԹϺ����� campus does not have student housing.

11.2. Student Events and Organizations

Groups or individuals may use the university’s public forum areas for those activities protected by the first amendment to the Constitution of the United States, subject to the requirements set forth in . University groups or individuals are requested to provide notice of the intended use of the desired Vancouver campus public forum area to the Vice Chancellor of Finance and Operations. Non-university groups and individuals must provide notice five business days before the intended use of the area, in accordance with .

Registered Student Organizations and enrolled 91�ԹϺ����� students may contact the 91�ԹϺ����� Office of Student Involvement for more information about campus events at 360-546-9163, or van.osi@wsu.edu. The office is located in Firstenburg Student Commons (VFSC).

11.3. Blue Light Phones

Should you need immediate assistance in an emergency and are unable to access a personal cell phone, look for a blue light pole. The blue light identifies the location of an emergency telephone. Simply press the emergency telephone button (no dialing is necessary) to be connected to the Clark Regional Emergency Services Agency 911 Center. Describe your emergency to the dispatcher. Take notice of the location of the blue light telephones as you move throughout the campus. You may never need to use one, but they are there for emergencies.

11.4. Elevator Telephones

Emergency elevator telephones are located in the elevators on the 91�ԹϺ����� campus. If you are stuck in an elevator, simply push the button marked “Emergency Phone” to be connected to an operator. If you are stuck, remain calm and stay inside the elevator. Trained elevator service personnel and/or CCSO Fire Department personnel are authorized to remove trapped occupants. No one else should attempt to release them or to force elevator doors open. The elevator telephone is for emergencies ONLY; please refrain from using the telephone unless it is an emergency.

11.5. Student Care Network

The is a resource through which individuals can share concerns about a student’s emotional or psychological well-being, physical health or academic performance with university administrators who can help. Anyone can submit a Student Care referral including students, faculty, staff, family members, and community members. Information submitted through the Student Care Network will be reviewed by the Student Services Care Management Team for appropriate follow-up.

11.6. Student Care Team

The responds to referrals about students who are exhibiting behavior of concern and/or have received a Student Care or other report of a concern for a student. The multi-disciplinary Student Care team intervenes with care and support to protect the safety and well-being of the involved student, as well as the WSU community, by working directly with the student and/or connecting students with others with appropriate resources and services.

11.7. Campus Patrol

The 91�ԹϺ����� Department of Public Safety and Parking Services patrols with vehicles as well as on foot. Although the 91�ԹϺ����� public safety team takes many steps to educate and maintain safety on campus, everyone within the campus community plays a role, and it is important to be aware of surroundings and use reasonable judgment when working or visiting on campus. When 91�ԹϺ����� Department of Public Safety and Parking Services members are not available, Clark County Sheriff’s Office has jurisdiction. Please report suspicious or criminal activities to law enforcement by calling 911.

11.8. Daily Log and Blotter

The 91�ԹϺ����� Police Department produces a crime log and on-line “blotter” of all crimes reported to the department. The log is available to anyone wishing to access it. The log identifies the type of report, location and outcome of each incident reported to the Police Department. The Daily Crime Log is available in person at the 91�ԹϺ����� Police Department office, located in the Classroom Building (VCLS 120). The blotter is available online at Police Blotter.

12.1. WSU Policies Governing Alcohol and Other Drugs

WSU’s Drug and Alcohol Policies, including and the , aims to eliminate alcohol and drug abuse and to educate the University community on relevant laws and consequences. This policy provides consistency and clarity on the permitted use and enforcement of alcohol laws and statutes on all WSU properties statewide. WSU’s policy prohibits the unlawful possession, use, or distribution of illicit drugs or alcohol on University-controlled property.

Additionally, Washington state law, , prohibits smoking in any WSU owned, leased, rented public place, or place of employment. The WSU Pullman, WSU Spokane, WSU Tri-Cities, 91�ԹϺ�����, WSU Everett, and the College of Agricultural, Human, and Natural Resource Sciences (CAHNRS) have additional restrictions regarding tobacco and nicotine use on campus or area locations, with the exception to .

Employees who violate Executive Policy #20 or () may be subject to corrective or disciplinary actions.

12.2. Workplace Policy

WSU complies with the Drug-Free Workplace Act of 1988. This program provides educational and training programs and prohibits the use of controlled substances in the workplace. In addition, WSU has developed programs to prevent the unlawful possession, use, and/or distribution of illegal drugs and alcohol by employees and students. Any employee who violates the WSU Alcohol and Drug Policy, Executive Policy #20, may be subject to corrective or disciplinary action by the university, in addition to any penalties resulting from violating local, state and/or federal law. Sanctions for illegal use of drugs and/or alcohol in the workplace may include, but are not limited to, recommendations for completion of an appropriate rehabilitation program, written or verbal warning, required training, letter of reprimand, censure, demotion, salary reduction, dismissal, and, in emergency situations, immediate suspension. Additionally, Washington state law prohibits smoking in any University owned, leased, or rented public place or place of employment.

12.3. Student Policies

12.4. Medical and Recreational Cannabis

In accordance with the federal Drug-Free Schools and Communities Act Amendments of 1989, WSU strictly prohibits the use, possession, manufacture, or distribution and/or sale of cannabis and other controlled substances anywhere on campus. It is a violation of the , for students to use, possess, manufacture, distribute and/or sell cannabis while on University property, even if the student is over the age of 21 and/or procured the cannabis through legal means.

Additionally, WSU prohibits the use of medical cannabis on campus. Cannabis obtained for medicinal purposes cannot be stored or used on campus. The use and/or storage of all drug paraphernalia is also prohibited on campus. All questions regarding the reasonable accommodation of medical conditions, including conditions treated with medical cannabis, should be directed to the by calling 509-335-3417.

12.5. Drug and Alcohol Educational Programs

91�ԹϺ����� Student Wellness Center

91�ԹϺ����� Student Wellness Center offers a range of online and in-person services related to substance use. Services for currently enrolled students include; 1:1 counseling, therapy groups, crisis and consultation services, psychological assessments, workshops and outreach programs. These services support personal efforts to maintain health and the reduction of health harms—including substance use/disorder—so students can achieve academic, career, and personal success.

The 91�ԹϺ����� Wellness Center also partners with local medical providers to provide basic health care, including consultation for services related to substance abuse, to current 91�ԹϺ����� Students.

Additionally, the 91�ԹϺ����� Wellness Center provides free Narcan kits and fentanyl test strips, as well as training on recognizing the symptoms of opioid overdose, assessing appropriate care, administering naloxone (Narcan), and using fentanyl test strips.

Impact

IMPACT is an education service provided to students who are referred by the Center for Community Standards for substance use violations. The purpose of this intervention is to administer a substance abuse education program that is focused on harm reduction strategies, motivational interviewing and brief intervention. The IMPACT classes and 1:1 sessions have been developed to provide an empirically based intervention to meet the specific needs of students who exhibit high risk substance use behaviors. The IMPACT program is unique in that it is not a “one size fits all” intervention; rather, IMPACT is structured to route students, via confidential assessment with personalized feedback, to the intervention that best meets their needs in terms of behavior change, psycho-education and clinical concerns.

Students receive direction for their routed participation (group or 1:1 sessions and assessment type) in multiple ways: from the Center for Community Standards, in the IMPACT workshop and the Health Promotions website. A detailed procedural flow chart and routing logic for 1:1 vs. group, the four sanction types (alcohol, cannabis, poly-substance and other drug) as well as the sanction/violation number (1, 2, 3) is available upon request.

13.1. Missing Student Policy

91�ԹϺ����� takes the well-being of students seriously and the university has processes in place when a student is missing. If anyone has reason to believe that a 91�ԹϺ����� student is missing, they should immediately call 911 and report the concern to the local police department. After reporting the person missing, 91�ԹϺ����� PD should be notified of the missing person report and which law enforcement agency is the investigating police agency. 91�ԹϺ����� PD will assist the investigating agency when needed.

91�ԹϺ����� does not currently have on-campus housing. Because of this, the 91�ԹϺ����� Police Department will not be the originating police agency taking a report of a missing student. The 91�ԹϺ����� Police Department will participate in any law enforcement requests for assistance concerning a WSU missing student.

13.2. Weapons Policy

The WSU Standards of Conduct for Students, , prohibits students from carrying, possessing or using any firearm, explosive (including fireworks), dangerous chemicals, or any dangerous weapon on university property or in university approved housing. Additionally, airsoft guns and any other item that appears to be a firearm, or any item that shoots projectiles are prohibited in WSU facilities.

13.3. Sexual or Violent Offenders List

The Campus Sex Crimes Prevention Act of 2000 requires colleges and universities to inform students and employees how to learn the identity of registered sex offenders on campus. The law also requires that sex offenders provide notice to any institution of higher education at which the person is employed or is a student. WSU complies with these requirements utilizing the procedures in the WSU . As required by EP 46, WSU Police Department publishes information on its website on how to find information about registered sex offenders ().

You can obtain information regarding registered sexual offenders in Clark County by contacting the Clark County Sheriff’s Office, 360-397-2211 or sheriff@clark.wa.gov. Additionally, the Clark County Sheriff’s Office uses the . This page includes information on how to search for registered sex offenders in the area as well as additional information about sex offender registration laws and safety tips.

Other Washington State Resources:

• (Sex Offender Public Registry)
• Offender Watch by County:
• Department of Justice

Further, as required by EP 46, WSU provides notifications to relevant individuals for purposes of safety and security when registered offenders enroll or are employed at WSU.

15.1. Washington State Definitions

The following definitions are provided under Washington State Law:

Consent ()

At the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

Mental Incapacity ()

A condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.

Physically Helpless ()

A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Forcible Compulsion ()

Is physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.

Sexual Intercourse ()

• Has its ordinary meaning and occurs upon any penetration, however slight, and
• Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
• Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

Sexual Contact ()

Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

Domestic Violence ()

Includes but is not limited to any of the following crimes when committed either by (a) one family or household member against another family or household member, or (b) one intimate partner against another intimate partner:

• Assault in the first degree (RCW 9A.36.011);
• Assault in the second degree (RCW 9A.36.021);
• Assault in the third degree (RCW 9A.36.031);
• Assault in the fourth degree (RCW 9A.36.041):
• Drive-by shooting (RCW 9A.36.045);
• Reckless endangerment (RCW 9A.36.050);
• Coercion (RCW 9A.36.070);
• Burglary in the first degree (RCW 9A.52.020);
• Burglary in the second degree (RCW 9A.52.030);
• Criminal trespass in the first degree (RCW 9A.52.070);
• Criminal trespass in the second degree (RCW 9A.52.080);
• Malicious mischief in the first degree (RCW 9A.48.070);
• Malicious mischief in the second degree (RCW 9A.48.080);
• Malicious mischief in the third degree (RCW 9A.40.090);
• Kidnapping in the first degree (RCW (9A.40.020);
• Kidnapping in the second degree (RCW 9A.40.030);
• Unlawful imprisonment (RCW 9A.40.040);
• Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party’s person, or a protected party’s vehicle (chapter 7.105 RCW, or RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070, or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and 74.34.145);
• Rape in the first degree (RCW 9A.44.040);
• Rape in the second degree (RCW 9A.44.050);
• Residential burglary (RCW 9A.52.025);
• Stalking (RCW 9A.46.110); and
• Interference with the reporting of domestic violence (RCW 9A.36.150).

Family Or Household Members ()

• Adult persons related by blood or marriage;
• Adult persons who are presently residing together or who have resided together in the past; and
• Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

IntimatePartner ()

• Spouses or domestic partners;
• Former spouses or former domestic partners;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time;
• Adult persons presently or previously residing together who have or have had a dating relationship;
• Persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; and
• Persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.

Dating Relationship (, )

A social relationship of a romantic nature. Factors that the court may consider in making this determination include:

• • The length of time the relationship has existed;
  • The nature of the relationship; and
  • The frequency of interaction between the parties.

Rape in the First Degree ()

A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person:

• By forcible compulsion where the perpetrator or an accessory:
• Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
• Kidnaps the victim; or
• Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
• Feloniously enters into the building or vehicle where the victim is situated.
• After the perpetrator or an accessory knowingly furnishes the victim with a legend drug, controlled substance, or controlled substance analog without the victim’s knowledge and consent which renders the victim incapable of consent to sexual intercourse due to physical helplessness or mental incapacitation.

Rape in the Second Degree ()

A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

• By forcible compulsion;
• When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
• When the victim is a person with a developmental disability and the perpetrator is a person who:
  • Has supervisory authority over the victim; or
  • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
• When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;
• When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or
• When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:
  • Has a significant relationship with the victim; or
  • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

Rape in the Third Degree ()

A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person:

• Where the victim did not consent as defined in (7), to sexual intercourse with the perpetrator; or
• Where there is threat of substantial unlawful harm to property rights of the victim.

Voyeurism ()

A person commits the crime of voyeurism in the first degree if, for the purpose of arousing or gratifying the sexual desire any person, he or she knowingly views, photographs, or films:

• Another person without that person’s knowledge and consent while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy; or
• The intimate areas of another person without that person’s knowledge and consent and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.

A person commits the crime of voyeurism in the second degree if he or she intentionally photographs or films another person for the purpose of photographing or filming the intimate areas of that person with the intent to distribute or disseminate the photograph or film, without that person’s knowledge and consent, and under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.

Indecent Exposure ()

A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.

Harassment ()

A person is guilty of harassment if:

• Without lawful authority, the person knowingly threatens:
  • To cause bodily injury immediately or in the future to the person threatened or to any other person; or
  • To cause physical damage to the property of a person other than the actor; or
  • To subject the person threatened or any other person to physical confinement or restraint; or
  • Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical health or safety; and
• The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. “Words or conduct” includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

Stalking ()

• A person commits the crime of stalking if, without lawful authority, the person:
  • Intentionally and repeatedly harasses another person;
  • Intentionally and repeatedly follows another person;
  • Intentionally contacts, follows, tracks, or monitors, or attempts to contact, follow, track, or monitor another person after being given actual notice that the person does not want to be contacted, followed, tracked, or monitored; or
  • Knowingly and without consent installs or monitors an electronic tracking device, or causes an electronic tracking device to be installed, placed, or used, to track the location of another person; and
  • The person being harassed, followed, tracked, or monitored suffers substantial emotional distress or is placed in fear that the stalker intends to injure him or her, or another person, or his or her property, or the property of another person, or, in the circumstances identified in (a)(iv) of this subsection, the victim’s knowledge of the tracking device would reasonably elicit substantial emotional distress or fear. The feeling of substantial emotional distress or fear must be one that a reasonable person in the same situation would experience given the totality of the circumstances; and

Except as provided in RCW 9A.46.110, a person who stalks another person is guilty of a gross misdemeanor. A person who stalks another person is guilty of a class B felony if any of the following applies:

• The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in ;
• The stalking violates any protective order protecting the victim;
• The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person;
• The stalker was armed with a deadly weapon, as defined in, while stalking the victim;
• The victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections’ officer; an employee, contract staff person; or volunteer of a correctional agency; court employee, court clerk; or courthouse facilitator; or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or
• The victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.

15.2. Washington State Definitions for Protection Orders

Consent ()

Consent in the context of sexual acts means that at the time of sexual contact, there are actual words or conduct indicating freely given agreement to that sexual contact. Consent must be ongoing and may be revoked at any time. Conduct short of voluntary agreement does not constitute consent as a matter of law. Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. Consent cannot be freely given when the other party has authority or control over the care or custody of a person incarcerated or detained.

Sexual Abuse ()

Sexual abuse means any form of nonconsensual sexual conduct including, but not limited to, unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, and sexual harassment. Sexual abuse also includes any sexual conduct between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter RCW, whether or not the sexual conduct is consensual.

Sexual Penetration ()

Sexual penetration means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Sexual Conduct ()

Sexual conduct means any of the following:

• Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing;
• Any intentional or knowing display of the genitals, anus, or breasts of the purposes of arousal or sexual gratification of the respondent;
• Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by another person or the respondent;
• Any forced display of the petitioner’s genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others;
• Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 16, if done for the purpose of sexual gratification or arousal of the respondent or others; or
• Any coerced or forced touching or fondling by a child under the age of 16, directly or indirectly, including through clothing, of the genitals, anus, or breasts of the respondent or others.

Stalking ()

Stalking means any of the following:

• Any act of stalking as defined under ;
• Any act of cyberstalking as defined under;
• Any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping under observation, disrupting activities in a harassing manner, or following of another person that: (1) Would cause a reasonable person to feel intimidated, frightened, under duress, significantly disrupted, or threatened and that actually causes such a feeling; (2) Serves no lawful purpose; and (3) The respondent knows, or reasonably should know, threatens, frightens, or intimidates the person, even if the respondent did not intend to intimidate, frighten, or threaten the person.

Domestic Violence ()

Domestic Violence means:

• Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; Nonconsensual sexual contact or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or
• Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration, coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.

Family or Household Members ()

Family or Household Members means:

• Persons related by blood, marriage, domestic partnership, or adoption;
• Persons who have currently or formerly resided together;
• Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren, or a parent’s intimate partner and children; and
• A person who is acting or has acted as a legal guardian.

Intimate Partner ()

Intimate Partner means:

• Spouses or domestic partners;
• Former spouses or former domestic partners;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time, unless the child is conceived through sexual assault; or
• Persons who have or have had a dating relationship where both persons are at least 13 years of age or older.

Dating Relationship ()

A social relationship of a romantic nature. Factors that the court may consider in making this determination include:

• • The length of time the relationship has existed;
  • The nature of the relationship; and
  • The frequency of interaction between the parties.

Coercive Control ()

A pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty. In determining whether the interference is unreasonable, the court shall consider the context and impact of the pattern of behavior from the perspective of a similarly situated person. Examples of coercive control include, but are not limited to, engaging in any of the following:

• Intimidation or controlling or compelling conduct by:
  • Damaging, destroying, or threatening to damage or destroy, or forcing the other party to relinquish, goods, property, or items of special value;
  • Using technology to threaten, humiliate, harass, stalk, intimidate, exert undue influence over, or abuse the other party, including by engaging in cyberstalking, monitoring, surveillance, impersonation, manipulation of electronic media, or distribution of or threats to distribute actual or fabricated intimate images;
  • Carrying, exhibiting, displaying, drawing, or threatening to use, any firearm or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate the other party or that warrants alarm by the other party for their safety or the safety of other persons;
  • Driving recklessly with the other party or minor children in the vehicle;
  • Communicating, directly or indirectly, the intent to:
    • Harm the other party’s children, family members, friends, or pets, including by use of physical forms of violence;
    • Harm the other party’s career;
    • Attempt suicide or other acts of self-harm; or
    • Contact local or federal agencies based on actual or suspected immigration status;
  • Exerting control over the other party’s identity documents;
  • Making, or threatening to make, private information public, including the other party’s sexual orientation or gender identity, medical or behavioral health information, or other confidential information that jeopardizes safety; or
  • Engaging in sexual or reproductive coercion;
• Causing dependence, confinement, or isolation of the other party from friends, relatives, or other sources of support, including schooling and employment, or subjecting the other party to physical confinement or restraint;
• Depriving the other party of basic necessities or committing other forms of financial exploitation;
• Controlling, exerting undue influence over, interfering with, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or employment, including but not limited to interference with or attempting to limit access to services for children of the other party, such as health care, medication, childcare, or school-based extracurricular activities;
• Engaging in vexatious litigation or abusive litigation, as defined in RCW 26.51.020, against the other party to harass, coerce, or control the other party, to diminish or exhaust the other party’s financial resources, or to compromise the other party’s employment or housing; or
• Engaging in psychological aggression, including inflicting fear, humiliating, degrading, or punishing the other party.

Coercive control does not include protective actions taken by a party in good faith for the legitimate and lawful purpose of protecting themselves or children from the risk of harm posed by the other party.

Effective July 1, 2025, also includes the following additional definition:

Commercial sexual exploitation ()

Commercial sexual abuse of a minor and sex trafficking.

16.1. Preparation of Crime Statistics

The Washington State University Vancouver prepares this report in compliance with the Jeanne Clery Campus Safety Act (The Clery Act) as well as the Violence Against Women Reauthorization Act of 2022 (VAWA) amendments to the Clery Act, using information obtained by the WSU Clery Compliance Committee comprised of representatives from various WSU and 91�ԹϺ����� offices including, but not limited to, the 91�ԹϺ����� Police Department (91�ԹϺ����� PD), the Compliance and Civil Rights (CCR), the Center for Community Standards (CCS), and the Office of Emergency Management (OEM).

Additionally, information is gathered from Campus Security Authorities (CSAs), campus law enforcement, and information provided by other local and State law enforcement agencies.

16.2. Crime Statistics- 91�ԹϺ�����

17.1. Crime Statistics Geographic Area

The locations for which Clery crimes are reported in the tables above includes the following areas:

• Buildings and property that are part of the institution’s campus;
• The institution’s non-campus buildings and property; and
• Public property within or immediately adjacent to and accessible from the campus.

Campus is defined as:

• Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
• Any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).